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HomeMy WebLinkAbout03/26/2012 Adopted as Amended u1111 11 ��Qa��;rheway Council Meeting Minutes MARCH 26, 2012 Minutes of a regular meeting of Council held on March 26, 2012 at 7:00 p.m., in the Council Chambers. Councillor Hooper led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Manager of Internal Audit, C. Carr Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke, attended until 7:56 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated at this meeting. ANNOUNCEMENTS Councillor Traill advised that she has met with residents of the Swindells Street and Longworth Avenue area and that the garbage can will be restored to Longworth Park today. Council Meeting Minutes - 2 - March 26, 2012 Councillor Partner announced the following:  On Monday, Len Creamer, Manager of Municipal Law Enforcement, spoke at the Newcastle Ratepayers’ Association meeting on the whys and why nots of by-law enforcement  On Wednesday, Port Granby residents attended another meeting with the Federal Government to address areas of concern regarding the Port Granby Project  On Saturday evening, “Rainstone” played to a sell-out crowd at the Orono Town Hall Pub Night  On March 29, 2012, a Creative Social, a networking event for artists in Durham Region, will be held at a Gift of Art in Newcastle. Tickets are $10  On March 31, 2012, the Easter Bunny Breakfast will be held in Newcastle from 9:00 a.m. until 11:00 a.m., there will be an Easter Egg Hunt in Orono starting at 10:00 a.m. and the Ganaraska Region Conservation Authority will be hosting its annual “Maple Syrup Day” from 10:00 a.m. until 1:00 p.m. at the Ganaraska Forest Centre Councillor Novak announced the following events she attended:  The Hancock Neighbourhood Park Open House  The Abilities Centre Tour  The ribbon-cutting ceremony for the new Shoppers Drug Mart in Courtice  The Clarington Board of Trade “Simply Social” event at the Visual Arts Centre  The grand opening of the FreshCo store on Longworth Avenue  The Durham Hospice Beach Ball fundraising event Councillor Neal announced the following events he attended:  The Hancock Neighbourhood Park Open House  The ribbon-cutting ceremony for the new Shoppers Drug Mart in Courtice  The grand re-opening of Curves fitness in Bowmanville  The Euchre Tournament at the Clarington Older Adult Association Councillor Hooper announced the following:  At the Annual General Meeting of the Clarington Older Adult Association held on Friday, Jim Boate, John Hutchings, Cathie Ward, Elaine Spicer and Gary Bray were elected th  The Euchre Extravaganza held on March 24 at the Beech Centre was a huge success with sixty tables of players th  There will be a Murder Mystery Dinner Theatre on April 11 hosted by the Clarington Older Adult Association at the Orono Town Hall th  On Wednesday, April 18 Scott Woods will be in concert at the Garnet B. Rickard Recreation Complex with a tribute to fiddle legends Council Meeting Minutes - 3 - March 26, 2012  He attended the re-opening of the Curves fitness and the new FreshCo grocery store  The Clarington Triple “A” Minor Pee Wee hockey team won their division at the Ontario Minor Hockey Association Championship tournament held at the Garnet B. Rickard Recreation Complex on the weekend and will host the event again next year  Marg Maskell hosted visitors who came specifically to see the Bowmanville Tribute Bridge on Highway #2 and Sam Reid, Audio/video Production Manager is in the process of doing a music CD release for Allan Frew, formally of Glass Tiger  On Saturday, March 31 and Sunday, April 1, 2012, “Spring in Enniskillen” Customer Appreciation Days will take place at Gallery on the Farm, 1721 Regional Road #3 and Timeless Essentials, 2258 Regional Road #3 Councillor Woo announced the following:  He attended the first wing-eating contest held at Wild Wing in Bowmanville in support of Epilepsy Durham Region. Councillor Woo noted Members of Council were wearing purple tonight in support of “Purple Day for Epilepsy” Mayor Foster announced the following:  He dropped the ceremonial puck for the Triple “A” Ontario Minor Hockey Association Championship tournament held at the Garnet B. Rickard Recreation Complex  He extended congratulations to the new Directors of the Clarington Older Adult Association  An Open House for the Community Development Council Durham will take place in Ajax on March 27, 2012  The Durham Region Homebuilders’ Association Dinner will be held on March 27, 2012  On Saturday, Durham PFLAG will host an “Evening of Glamour” Gala event in Oshawa  The Eagles Tribute Band “Hotel California” will be playing at the Newcastle Community Hall on March 31, 2012, with proceeds to the Historical Garden Project  Durham Region will be holding a public meeting on April 4, 2012, on the direct election of the Regional Chair Council Meeting Minutes - 4 - March 26, 2012 Resolution #C-102-12 Moved by Councillor Neal, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held March 5, 2012, be approved. “CARRIED” PRESENTATIONS Mayor Foster and Angela Tibbles, Chair, Clarington Heritage Committee, presented a Heritage Plaque to Bill Paterson in recognition of the designation of 20 Horsey Street as a property which has historic and architectural value under the Ontario Heritage Act. Mayor Foster thanked Mr. & Mrs. Paterson for their vision, noting this is the third home the Paterson’s have restored and had designated. Mr. Paterson displayed tools that were found in the workshop that will be donated to the museum. He also thanked Ms. Tibbles for the research she conducted. DELEGATIONS Dianne McKenzie, Executive Director, Epilepsy Durham Region, addressed Council concerning Correspondence Item I - 15 - Purple Day for Epilepsy Awareness – March 2012. Ms. McKenzie thanked Council for providing her with the opportunity to bring greetings on behalf of Epilepsy Durham Region. She noted the organization is running a Public Awareness Campaign during the month of March to raise awareness about epilepsy and to eradicate the stigma associated with epilepsy. Ms. McKenzie stated “Purple Day for Epilepsy” was the idea of Cassidy Megan who was motivated by her own struggles and who wanted people with epilepsy everywhere to know they are not alone. Ms. McKenzie congratulated Council on their efforts to make a positive change in the community by proclaiming March as “Epilepsy Awareness Month” and March 26, 2012 as “Purple Day for Epilepsy Awareness”. She noted this year marks th the 25 Anniversary of Epilepsy Durham Region and that the organization will continue to provide support and services to individuals and families living with epilepsy; however, they rely solely on donations from the public. Ms. McKenzie stated that by becoming involved we all build a better community. Ms. McKenzie presented a Certificate of Appreciation to Mayor Foster for proclaiming March as “Epilepsy Awareness Month” thereby ensuring a brighter future for those living with epilepsy. Ronald Kanter addressed Council on behalf of his client, Rick Rondeau, concerning Item 6 of Report #1 and Correspondence Item D – 7 Proposed Amendments to Site Alteration By-law. Mr. Kanter stated Mr. Rondeau is a builder in both Durham and York Regions. He expressed concern that the proposed amendment would prohibit Mr. Rondeau from trucking excess fill from one of his developments in York Region to another development in Clarington. Council Meeting Minutes - 5 - March 26, 2012 Mr. Kanter stated his client has restored a gravel pit and constructed a high-end development, and as his actions were not the cause of the proposed amendment, he should not be punished. Mr. Kanter indicated that four aspects of by-law are of concern to his client. His principle concern is the restriction against bringing any fill to Clarington, no matter how clean, that comes from any other municipality. Mr. Kanter stated he does not see any absolute relationship between quality and cleanliness of fill and where it comes from. His client is also concerned about the charge and would like the opportunity to examine the reasonableness of the fees. Mr. Kanter indicated that Mr. Rondeau is concerned with the environmental standards that the Municipality is moving toward as the new definition of fill and the by-law will refer to a lengthy table and questioned whether the Municipality has the financial or technical resources to do the kind of review that will be required. His client is also concerned with transition issues as he had submitted an application in February and does not think he should be subjected to new rules. Mr. Kanter stated Site Alteration by-laws are fairly new and are under the jurisdiction of the Municipal Act not the Planning Act. He noted the by-law was introduced last week and he has not had an opportunity to review it. Mr. Kanter stated the by-law will have a significant impact on others, including the business community, developers, gravel operators, etc. and they would expect there to be full consultation. Mr. Kanter referred to correspondence from John O’Toole, MPP, Durham, which suggests the need for provincial regulation and that is an alternative. Mr. Kanter is requesting that the proposed amendment be referred back to staff for further consultation and appropriate notice. He summarized by stating that the focus should be on clean fill, not the source, and that the amendment goes too far with the prohibition of fill in Section 2.5. COMMUNICATIONS Resolution #C-103-12 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 8, I - 4, and I - 15. “CARRIED” I - 1 Minutes of the Clarington Agricultural Advisory Committee dated March 8, 2012 I - 2 Minutes of the Ganaraska Region Source Protection Authority dated March 15, 2012 Council Meeting Minutes - 6 - March 26, 2012 I - 3 Albert Sweetnam, Executive Vice President, Nuclear Projects, Ontario Power Generation (OPG), advising that OPG is continuing with the planning and design work for refurbishment and continued operation of the Darlington Nuclear Generating Station and that in December 2011, OPG submitted the Environmental Impact Statement (EIS) and technical support documents to the Canadian Nuclear Safety Commission (CNSC); indicating the EIS has concluded that, taking into account proposed design and mitigation measures, the refurbishment and continued operation of the Darlington Nuclear Station will not result in any significant adverse effects on the environment or on the health and safety of workers or the public; noting that a detailed technical and public review of the EIS and supporting information will be presented to the CNSC in a public hearing, likely to be held in the fall of 2012; and, encouraging Members of Council to call their toll-free information line 1-866-487-4600 or visit the project website at www.opg.com/darlingtonrefurb for copies of the submissions or to contact Davinder Valeri, Director of Strategic Planning & Stakeholder Relations at 416-592-6160 for further information. I - 5 Linda Jeffrey, Minister Responsible for Seniors, advising of the 2012 Senior Achievement Award Program, an annual program to celebrate the accomplishments and contributions made by individuals after they have reached the age of 65 in fields including arts, literature, community service, voluntarism, education, environment, fitness and humanitarian; encouraging Council to nominate a deserving senior; indicating nomination forms and information outlining details of the program, the selection criteria and the procedures are available at www.ontario.ca/honoursandawards; and, advising the deadline for nomination is June 15, 2012. I - 6 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record:  Letter to the Ministry of the Environment dated February 23, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Revised Ambient Air Monitoring and Reporting Plan (Environmental Assessment Condition 11)  February 10, 2012 Durham-York Energy Centre Ambient Air Quality Monitoring Plan  Letter to the Ministry of the Environment dated February 3, 2012, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the January 2012 Complaint and Inquiry Log Council Meeting Minutes - 7 - March 26, 2012  January 2012 Durham York Energy Centre Call Centre Log  January 2012 Durham York Energy Centre Complaint Protocol Log  January 2012 Durham York Energy Centre Website Traffic Report and, advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw- committee.htm. I - 7 The Honourable Bev Oda, P.C., MP, writing to the Honourable Peter Kent, Minister of the Environment, advising Camp 30, a well-known internment camp for high ranking German Army and Navy officers during World War II located in the Municipality of Clarington, is currently under threat of demolition and redevelopment; and, requesting any assistance the Minister can provide in having Camp 30 recognized by the National Historic Sites and Monuments Boards as an important part of Canadian history. I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on March 7, 2012, Regional Council adopted the following resolution pertaining to the Report from the Commissioner of Finance regarding “Commission on the Reform of Ontario’s Public Services”: “a) THAT Report #2012-J-8 from the Commissioner of Finance be received for information; b) THAT the Region of Durham urges the Province of Ontario to give at least 60 days notice prior to any potential changes as a result of the report on the Commission on the Reform of Ontario’s Public Services (Drummond Report) so that municipalities, the Association of Municipalities of Ontario (AMO), the Association of Local Public Health Agencies (alPHa); Durham Region Non-Profit Housing Corporation; Durham Regional Local Housing Corporation; and Durham’s MPPs can provide comments in advance; c) THAT Report #2012-J-8 from the Commissioner of Finance and the corresponding slide presentation be placed on the Region’s website under the heading ‘Commission on the Reform of Ontario’s Public Services – The Drummond Report’; and d) THAT a Media Release be created to advise the residents of Durham that this information is located on the Region’s website.” I - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Ministry of the Environment, advising that on March 7, 2012, Regional Council adopted the following resolution pertaining to Source Water Protection Planning Pre-Consultation Process – Summary of Comments by Durham Region in Response to Draft Source Protection Policies: Council Meeting Minutes - 8 - March 26, 2012 “a) THAT Regional staff comments on the draft source protection policies provided directly to the Trent Conservation Coalition Source Protection Committee, the South Georgian Bay-Lake Simcoe Source Protection Committee and the Credit-Toronto Region-CLOCA (CTC) Source Protection Committee during their respective pre-consultation processes be received for information; and b) THAT a copy of Joint Report No. 2012-J-7 be forwarded to the Ministry of the Environment (Source Protection Planning Branch), the Association of Municipalities of Ontario, the three Durham source protection committees, the Region’s conservation authorities and the eight local area municipalities for their information.” I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding certified copies of the following by-laws approved by Regional Council on February 15, 2012:  By-law #07-2012 being a by-law to establish tax ratios for 2012 and to specify the percentage by which tax rates are to be reduced for prescribed property subclasses;  By-law #08-2012 being a by-law to set and levy rates of taxation for the Regional Solid Waste Management purposes for the year 2012;  By-law #09-2012 being a by-law to set and levy rates of taxation for the Durham Region Transit Commission for the year 2012; and  By-law #10-2012 being a by-law to set and levy rates of taxation for the Regional General Purposes for the year 2012. I - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on March 7, 2012, Regional Council adopted the following resolution pertaining to Annual Subdivision/Condominium Activity Report for 2011: “a) THAT Report #2012-P-21 of the Commissioner of Planning and Economic Development be received for information; and b) THAT a copy of Report #2012-P-21 be forwarded to the area municipalities.” I - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding for information a copy of Report No. 2012-P-20 of the Commissioner of Planning and Economic Development regarding the 2011 Census of Population – Population and Dwelling Counts Release. Council Meeting Minutes - 9 - March 26, 2012 I - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Ted McMeekin, Minister of Agriculture, Food and Rural Affairs, advising that on March 7, 2012, Regional Council adopted the following resolution pertaining to the Rural Connections Broadband Network Project: “a) THAT the Ontario Ministry of Agriculture, Food and Rural Affairs be informed of the Regional Municipality of Durham’s inability to proceed with the Rural Connections Broadband Network project due to the fact that Xplornet was unable to purchase or lease the licensed 3.5GHz Spectrum by December 31, 2011 which was required to proceed with the project; b) THAT the Finance Department be authorized to submit a final report to the Ontario Ministry of Agriculture, Food and Rural Affairs to request compensation for one third of the project management costs incurred to date; c) THAT the Regional Chair be authorized to write to the Honourable Christian Paradis, MP, Federal Minister of Industry, requesting Industry Canada to set aside rural areas from urban areas and deal separately with them in the next spectrum auction, to ensure that Rural Internet Service Providers can avail themselves of much needed licensed spectrum; and d) THAT a copy of Report #2012-EDT-8 be forwarded to Durham MP’s and MPP’s; area municipalities; GTA Regions; Canadian Radio- television and Telecommunications Commission; Commissioner for Complaints for Telecommunications Services; Ontario Ministry of Agriculture, Food and Rural Affairs; Ministry of Agriculture and Agri- Food Canada; Association of Municipalities of Ontario; Federation of Canadian Municipalities; Rogers; Bell; and Inukshuk Wireless.” I - 16 Nicole Wellsbury, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on February 23, 2012, Ajax Town Council adopted the following resolution pertaining to the Drummond Report: “THAT the Government of Ontario be urged to notify and consult with all municipalities in the province and with significant municipal government and professional organizations, such as AMO, AMCTO, MFOA and others, at least sixty days prior to the implementation of any of the recommendations resulting from the Drummond Report; and, Council Meeting Minutes - 10 - March 26, 2012 THAT notice of this resolution be circulated to the Premier of Ontario, Joe Dickson – Ajax-Pickering MPP, all other MPPs in Durham Region, the Leaders of the Ontario Opposition Parties, all municipalities in Durham Region, AMO, AMCTO and MFOA.” I - 17 John Bolognone, City Clerk, City of Kingston, advising Council that on February 21, 2012, the City of Kingston adopted the following resolution pertaining to increase in Provincial payment-in-lieu of taxes: “WHEREAS in 1970 the rate of provincial payments in lieu of taxes for universities was arbitrarily set at $25 per full time student; and WHEREAS in 1973 that was doubled to $50 per student and the payment was expanded to include hospitals and provincial correctional institutions; and WHEREAS in 1987 that rate was increased by 50%, still without apparent justification, to $75 per student and bed; and WHEREAS that rate has remained constant since that time despite the fact that inflation would in 2012 require an almost doubling the payment ($146); and WHEREAS at least sixty-five communities have called for an increase in payments; and WHEREAS heads of universities are supporting that call; and WHEREAS Premier McGuinty has looked to the municipalities of the province to be the economic engine of Ontario; and WHEREAS the payments in lieu of taxes do not meet the actual costs of municipalities to provide the necessary services for the various institutions, thus placing an unfair tax burden on their property tax payers, thereby jeopardizing a municipality’s ability to meet infrastructure demands, and consequently weakening their ability to act as economic engines; THEREFORE BE IT RESOLVED THAT the City of Kingston calls on the government of the Province of Ontario to include in the budget now being prepared an increase to the payments in lieu of taxes; and THAT the City of Kingston calls on the Province of Ontario to meet with the host municipalities for the purpose of reviewing the basis for payments in lieu of taxes, and determining a stable foundation going forward for those payments that meets associated costs prior to the 2013 budget cycle; and Council Meeting Minutes - 11 - March 26, 2012 THAT copies of this motion be sent to: the Premier Dalton McGuinty; the Honourable Dwight Duncan, Minister of Finance; the Honourable John Gerretsen, MPP for Kingston and Islands; all Ontario municipalities with any of hospitals, post secondary institutions or provincial correctional institutions; the Large Urban Mayors Caucus of Ontario (LUMCO); the Eastern Ontario Mayors Committee (EOMC), and the Association of Municipalities of Ontario (AMO). I - 18 Susan Self, Chair CTC Source Protection Committee, advising that the Draft Proposed Source Protection Plans for the Trent Conservation Coalition Source Protection Region, documents outlining policies that will address identified threats to water supplies used for municipal drinking water systems, a public notice and a fact sheet have been posted to their website at http://www.trentsourceprotection.on.ca and are available for public review in the Municipal Clerk’s Department until April 23, 2012. I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on March 7, 2012, Regional Council adopted the following resolution pertaining to potential change to the method of selecting the Regional Chair: “a) THAT a Public Meeting of Regional Council be held on April 4, 2012 in the Regional Council Chambers at the beginning of the regular Regional Council meeting, to consider passing a by-law to change the method of selecting the Regional Chair to election by general vote, in accordance with the Municipal Elections Act, 1996; and b) THAT a copy of Report #2012-A-8 of the Regional Clerk be forwarded to the area municipalities.” Resolution #C-104-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Correspondence Item I - 8 from P. M. Madill, Regional Clerk, Regional Municipality of Durham, with respect to potential change to the method of selecting the Regional Chair, be received for information. “CARRIED” Council Meeting Minutes - 12 - March 26, 2012 I - 4 John R. O’Toole, MPP, Durham, writing to the Honourable Jim Bradley, Minister of the Environment, forwarding a copy of correspondence from the Township of Brock regarding a request for Provincial regulations on commercial fill operations in support of the Municipality of Clarington’s December 19, 2011, resolution regarding commercial fill; indicating that he supports the Municipality of Clarington’s position which has been endorsed by other municipalities; and questioning the Minister as to what steps will be taken to establish clear regulations, guidelines and approvals as requested by many municipalities in Ontario. Resolution #C-105-12 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 4 from John R. O’Toole, MPP, Durham, with respect to Provincial regulations on commercial fill operations, be received for information. “CARRIED” I - 15 Dianne McKenzie, Executive Director, Epilepsy Durham Region thanking Council for proclaiming March as “Epilepsy Awareness Month” and March 26, 2012 as “Purple Day for Epilepsy Awareness”, thereby fostering a relationship of mutual respect and trust for those who have been living in isolation; congratulating Council on their efforts to make positive changes in the community; advising this year Epilepsy Durham Region is th celebrating its 25 Anniversary, and will continue to support families and children, meet the growing demand for their services in the community, and raise awareness; indicating that they rely solely on donations from the public to provide programs and services; and, inviting Council to become a partner in raising awareness, eradicating stigma and ensuring that no child living with epilepsy does so alone. Resolution #C-106-12 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 15 and the presentation of Dianne McKenzie, Executive Director, Epilepsy Durham Region, be received with thanks. “CARRIED” Council Meeting Minutes - 13 - March 26, 2012 CORRESPONDENCE FOR DIRECTION Correspondence Items D - 5 to D - 8 were received as Hand-outs. Resolution #C-107-12 Moved by Councillor Partner, seconded by Councillor Traill THAT Correspondence Items D - 1, D - 2 and Hand-out Correspondence Items D - 5, D - 7 and D - 8 be approved as per the Agenda. “CARRIED” D - 1 Jack Bergs forwarding a list of individuals concerned with the noise that emanates from the Union Rod and Gun Club at times of shooting activities; and, requesting that sound monitoring take place on their properties to determine if the noise level is in compliance with the Municipality’s Noise by-law. (Correspondence referred to staff) D - 2 Nicole Wellsbury, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to David Ullrich, Executive Director, Great Lakes & St. Lawrence Initiative, advising that on March 8, 2012, Ajax Town Council adopted the following resolution pertaining to the Great Lakes and St. Lawrence Cities Initiative-Status Update and Resolution for the 2012 Annual Meeting: “1. THAT the report entitled “Great Lakes and St. Lawrence Cities Initiative-Status Update and Resolution for the 2012 Annual Meeting”, dated March 8, 2012, be endorsed; 2. THAT this staff report and the attached resolution be sent to the Canadian and Ontario Ministers of the Environment as input to the revised Great Lakes Water Quality Agreement, the renewed Canada- Ontario Agreement Respecting the Great Lakes Basin Ecosystem and the Ontario Great Lakes Protection Act; and 3. THAT this report be sent to the Executive Director of the Great Lakes and St. Lawrence Cities Initiative, Durham Region, the area municipalities in Durham Region, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority, Conservation Ontario and the Association of Municipalities of Ontario.” (Correspondence referred to staff) Council Meeting Minutes - 14 - March 26, 2012 D - 5 Paula Tenuta, MCIP RPP, Vice President, Policy & Government Relations, Building Industry and Land Development Association (BILD) expressing concern with the proposed amendments to the site alteration by-law (Item 6 of Report #1), particularly with respect to restricting the source of fill to only that which comes from within Clarington, related proposed permit fee increase and various transition provision items; and, requesting Council to revisit the proposed transition policies and to defer the matter to allow for additional consultation with the affected BILD Durham Chapter members. (Advised of actions taken regarding Report EGD-010-12) D - 7 Ronald M. Kanter, MacDonald, Sager Manis, LLP, on behalf of Richard Rondeau, owner of 3061 RR 20, indicating that prior to purchasing the property, his client contacted the municipality to determine if a permit was needed to dump clean fill on the site and were told they did not require a permit; subsequently his client received a stop work order and were advised they did require a permit and submitted an application on February 28th to dump fill; expressing concern that on March 20th Mr. Rondeau was advised that a recommendation was approved at the General Purpose and Administration Committee meeting on March 19th proposing an amendment to the by-law which will impact not only his client, but will affect major infrastructure projects. Mr. Rondeau is also concerned about the proposed fee and is requesting that Council refer the proposed amendment back to Committee for further consideration. (Advised of actions taken regarding Report EGD-010-12) D - 8 Michael Scott, Policy & Legislation Manager, Ontario Stone, Sand & Gravel Association (OSSGA), advising that OSSGA, a non-profit industry association representing over 250 producers of sand, gravel and crushed stone and suppliers, supplies the majority of aggregate consumed annually in Ontario and the essential building materials to all levels of government for their infrastructure needs; expressing concern regarding the proposed changes to the site alteration by-law, specifically with respect to source restrictions and potential impacts; and, requesting the opportunity to review the proposed amendment and to provide detailed comments. (Advised of actions taken regarding Report EGD-010-12) D - 3 Linda Jeffrey, Minister Responsible for Seniors, extending an invitation to Council to participate in the 2012 Senior of the Year Awards by nominating one outstanding local senior who, after age 65, has enriched the social, cultural or civic life of the community without thought of personal or financial gain. Nomination forms for The Senior of the Year Award are available on the Ministry of Citizenship and Immigration’s website at www.ontario.ca/honoursandawards and are due by April 30, 2012. Council Meeting Minutes - 15 - March 26, 2012 Resolution #C-108-12 Moved by Councillor Novak, seconded by Councillor Partner THAT Correspondence Item D - 3 from Linda Jeffrey, Minister Responsible for Seniors, with respect to the 2012 Senior of the Year Awards, be referred to staff, the Clarington Older Adult Association, and Community Care Durham and be posted on the Municipality’s website. “CARRIED” D - 4 Lynn Clark, Deputy Clerk, Township of Havelock-Belmont-Methuen, advising Council that on March 5, 2012, the Township of Havelock- Belmont-Methuen adopted the following resolution pertaining to the Ontario Wildlife Damage Compensation Program: “WHEREAS predation of Livestock by Wildlife is a recognized problem in Ontario as evidenced by the need for the Ontario Wildlife Damage Compensation Program; and WHEREAS the purpose of the Ontario Wildlife Damage Compensation Program is to provide financial assistance to producers whose livestock, poultry or honey bees have been injured or killed as a result of Wildlife; and WHEREAS one of the recent changes to the eligibility requirements under the Ontario Wildlife Damage Compensation Program is that all applicants must have a valid Farm Business Registration Number (FBR); and WHEREAS the change in eligibility requiring a valid FBR is very unfair for those who do not meet the eligibility criteria, such as hobby farmers that do not meet the criteria for a FBR number, those that raise their own meat to support their families, or those that have animals as pets or for pleasure, are now deemed ineligible for reimbursement under the program; NOW THEREFORE BE IT RESOLVED that the Minister of Agriculture, Food and Rural Affairs is asked to reconsider the eligibility requirements that all applicants must have a valid Farm Business Registration Number, with the intent to enable financial assistance similar to the previous program to a wider array of livestock producers whose livestock have been injured or killed as a result of Wildlife; and FURTHER THAT a copy of this resolution be circulated to the Minister of Agriculture, Food and Rural Affairs; MPP Jeff Leal; the Association of Municipalities of Ontario; and all the municipalities in Ontario to request their support.” Council Meeting Minutes - 16 - March 26, 2012 Resolution #C-109-12 Moved by Councillor Novak, seconded by Councillor Partner THAT the resolution from the Township of Havelock-Belmont-Methuen, with respect to the Ontario Wildlife Damage Compensation Program, be referred to the Clarington Agricultural Advisory Committee. “CARRIED” D - 6 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, advising that on March 19, 2012, the Township of Brock adopted the following resolution pertaining to Regional Chair Selection: “WHEREAS the Regional Municipality of Durham has scheduled a formal public meeting with respect to changing the format of selecting its Regional Chair for April 4, 2012; AND WHEREAS, should the requisite by-law be enacted by Regional Council, it will be circulated to each area municipality for their respective assent as part of the triple majority required; NOW THEREFORE BE IT RESOLVED the Council of the Township of Brock adopts the following: 1. THAT, in the event the by-law is circulated to each area municipality, staff be instructed to establish a formal public meeting for the purpose of receiving public input for the purpose of assisting Council in their deliberations with respect to this matter; 2. THAT all of the area municipalities in the Region of Durham be respectfully requested to host their own local public meetings to receive public input; 3. THAT this resolution be circulated to all area municipalities within the Region of Durham for action; and, 4. THAT this resolution be circulated to the Region of Durham for information.” Council Meeting Minutes - 17 - March 26, 2012 Resolution #C-110-12 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence Item D - 6 from the Township of Brock, with respect to Regional Chair Selection, be received for information. "CARRIED" COMMITTEE REPORTS) Report#1 - General Purpose and Administration Committee Report March 19, 2012. Resolution #C-111-12 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of March 19, 2012 be approved, with the exception of Items #6, #1(e), #16, #8 and #3. "CARRIED" Item #6 Resolution #C-112-12 Moved by Councillor Novak, seconded by Councillor Partner THAT Report EGD-010-12 be received; THAT the proposed amendments to the Site Alteration By-Law 2008-114 and the Noise By-Law 2007-071 be approved by adopting the amending by-law attached to Report EGD-010-12 as Attachment 1 as amended with the Large Fill Operations > 500m3 fees at: $1000>500m3 plus $1.00/m3 of fill to be consistent with Scugog Township and Ganaraska Region Conservation Authority fees; THAT the fees collected be set aside in a reserve account for rural road rehabilitation; and Council Meeting Minutes - 18 - March 26, 2012 THAT a copy of Report EGD-010-12 and Council’s decision be forwarded to the interested parties listed in Report EGD-010-12. “CARRIED” Item #1(e) Resolution #C-113-12 Moved by Councillor Neal, seconded by Councillor Partner THAT Report FND-006-12 be received for information; and THAT Veridian Corporation be requested to provide a detailed breakdown of expenses. “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill √ Councillor Woo √ Councillor Hooper √ Councillor Neal √ Councillor Novak √ Councillor Partner √ Mayor Foster √ Item #16 Resolution #C-114-12 Moved by Councillor Neal, seconded by Councillor Woo THAT Item #16 of Report #1, Expropriation of West Beach Lands for Bowmanville Waterfront District Park – Proposed Settlement of Port Darlington Harbour Company, et al claim,be tabled to the next General Purpose and Administration Committee meeting for review of legal and other costs claimed by the Port Darlington Harbour Company. “CARRIED” Council Meeting Minutes - 19 - March 26, 2012 Item #8 Resolution #C-115-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Report CLD-009-12 be received; THAT the Animal Services’ service levels remain status quo; THAT the issue of After Hours Emergency Animal Services be referred to the 2013 Budget for consideration; and THAT staff report back on expanding the level of volunteerism at the Animal Shelter. “CARRIED” Item #3 Resolution #C-116-12 Moved by Councillor Woo, seconded by Councillor Traill THAT Report CLD-012-12 be received; THAT the request for a noise exemption from Mr. Rai Scimone for the Cosmic Campout Festival to be held on May 18, 19 and 20, 2012 at the Orono Fairgrounds, be approved; and THAT all interested parties listed in Report CLD-012-12 be advised of Council’s decision. “CARRIED” STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. Council Meeting Minutes - 20 - March 26, 2012 BY-LAWS Resolution #C-117-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2012-006 and By-laws 2012-018 to 2012-025 2012-006 Being a By-law to adopt Amendment No. 77 to the Clarington Official Plan 2012-018 Being a by-law to exempt a certain portion of Registered Plan 40M-2459 from Part Lot Control 2012-019 Being a by-law to exempt a certain portion of Registered Plan 40M-2202 from Part Lot Control 2012-020 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (2134359 Ontario Ltd.) (Baywood Homes) 2012-021 Being a by-law to amend By-law 2009-123, the Sign By-law for the Corporation of the Municipality of Clarington 2012-022 Being a by-law to amend Site Alteration By-law 2008-114 and Noise By-law 2007-071 2012-023 Being a by-law to establish certain lands as public highways 2012-024 Being a By-law to exempt a certain portion of Registered Plan 40M-2459 from Part Lot Control 2012-025 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Steve Derrett); and THAT the said by-laws be approved. “CARRIED” PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. Council Meeting Minutes - 21 - March 26, 2012 OTHER BUSINESS Resolution #C-118-11 Moved by Councillor Partner, seconded by Councillor Neal THAT the rules of procedure be suspended to allow for the introduction of a new item of business. “CARRIED” Resolution #C-119-11 Moved by Councillor Partner, seconded by Councillor Traill WHEREAS Ontario Slots at Racetracks program has, for over a decade, provided mutual benefit to the Province of Ontario and the horse racing industry; and WHEREAS the Government has announced the cancellation of the Slots at Racetracks Program, jeopardizing the future of the horse racing and breeding industry in Ontario at the cost of thousands of jobs and $2 billion in economic activity; and WHEREAS Clarington Council supports the various sectors of agriculture with regard to policies that affect the health, economic viability and sustainability of agriculture; and WHEREAS the horse breeding, rearing and training industry in Clarington, plus the spin-off jobs for farmers that grow the feed, veterinarians, blacksmiths, tack industry, mechanics, drivers and racetrack employees; NOW BE IT RESOLVED THAT Clarington Council request the Government of Ontario work with the horse racing industry to reinstate and improve the Slots at Racetracks Program with its revenue sharing agreement to sustain and grow the horse racing industry to the benefit of our communities; and FURTHER THAT this resolution be circulated to the Legislative Assembly of Ontario and all members of AMO. “CARRIED” Councillor Neal questioned the timing of the report on designating Clarington as a “Blue Community”. The Commissioner of Community Services indicated that staff are in the preparatory stages of the report and he will confer with the Director of Operations and respond to Council by memo this week regarding the anticipated timing of the report. Council Meeting Minutes - 22 - March 26, 2012 CONFIRMING BY-LAW Resolution #C-120-12 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2012-026, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 26th day of March, 2012; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-121-12 Moved by Councillor Partner, seconded by Councillor Woo THAT the meeting adjourn at 8:45 p.m. "CARRIED" P MAYOR(---,/' M A LERK